Opinion
No. 2:06-cv-01666 ALA HC.
December 26, 2007
ORDER
Petitioner is proceeding pro se with an application for writ of habeas corpus under 28 U.S.C. § 2254.
The parties are directed to file, within twenty-one (21) days from the date of this order, simultaneous briefs consisting of no more than ten (10) pages discussing the following issue: What is the applicability, if any, of the following listed cases to the question of whether this Court has habeas corpus jurisdiction in the instant action: Wilkinson v. Dotson, 544 U.S. 74 (2005); Heck v. Humphrey, 512 U.S. 477 (1994); Docken v. Chase, 393 F.3d 1024 (9th Cir. 2004); Ramirez v. Galaza, 334 F.3d 850 (9th Cir. 2003); Neal v. Shimoda, 131 F.3d 818 (9th Cir. 1997); and Bostic v. Carlson, 884 F.2d 1267 (9th Cir. 1989)?
In light of the complex legal issues involved in this case, Petitioner is encouraged to move for appointment of counsel pursuant to 18 U.S.C. § 3006A(a)(2)(B). If Petitioner shows that he is financially eligible for appointment of counsel, the Court will look favorably on any request for appointment of counsel.
Accordingly, IT IS HEREBY ORDERED that:
1. Within twenty-one (21) days of this order, the parties shall simultaneously file the requested briefing.
4. The Clerk of the Court shall serve a copy of this order on all parties.